PARVATAMMA Vs. SYED AHMED

JUDGEMENT

(1.) This appeal, in which the claimants seek enhancement of compensation granted to them by the award dt.30-12-1972 of the Motor Accidents Claims Tribunal, Dharwar (hereinafter called the Tribunal), in Misc C (MVC) 57 of 1971, inter alia, involves the question whether in assessing the compensation in a fatal accident action for the pecuniary loss caused to the dependants, the "family pension" awardable to the dependants and the benefits of the policy of life insurance on the life of the deceased should or should not be taken into account. The Tribunal has answered this question in the affirmative.

(2.) Appellant-1 is the wife; appellants 2 and 3 are the daughters and appellants 4, 5 and 6 the sons of Kotrabasappa, Tobacco Development Officer, Class-II, in the Dept of Agriculture, Govt of Karnataka. The said Kotrabasappa died as a result of the injuries sustained by him in a motor accident which occurred on 8-10-1971 at about 2 p.m. on the Poona Bangalore hignway at Halageri in Ranebennur Taluk, in which the truck bearing No.MYW 5751 driven by the first respondent collided with the jeep in which Kotrabasappa was travelling. The Tribunal has, on Issue 3, found that the collision was as a result of rash and negligent driving of the first respondent. This finding has become final and conclusive.

(3.) Deceased Kotrabasappa, at the time of the unfortunate accident, was aged 46 years and of reasonably good health. His emoluments from service, were Rs.642 p.m. The evidence on record shows that the deceased had the immediate prospects of further promotions in service, and, as borne out by Ext.P2, there were also prospects of his services being placed a,t the disposal of the Mysore Tobacco Co Ltd, on deputation and this deputation would have entailed some additional emoluments.